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Quick claim deed
I own a home that was purchased in 2002 by my brother with me on the deed. We did it this way to allow me to buy it with his credit which was better than mine at that point. I have a second on the home in my name alone. I pay both mortgages and always have. He now would like to transfer interest to me as he would like to buy his own home in another state. Would a quick claim deed work for us? Or do I need to assume the loan? If we quick claim it over to me will it still effect his debt ratio?
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Welcome to AMHD. Your brother is on the note and mortgage with you, right? He can quit claim the property to you, but you will probably have to refinance to get him off the mortgage. Loan assumptions are not allowed in the language of most mortgages. You also need to review the documents for a due-on-sale clause.
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No, he can't quick claim (no such thing) but he can quit claim the deed to you. However, that wouldn't affect his liability under the mortgage and it might result in the lender calling the loan. So your best bet is to refinance the loan and, at the closing quit claim the property in your name only.
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First of course the lender may not want the person who has money borrowed to sign over his share, since that is the security for the loan.
Also many loans have clauses that make the loan payable in full if ownership is transferred. So it is best to ask the lender if it is OK, and/or to refi it under your name alone |
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